(a) Information You Provide to Us:
We collect any information you enter on our App, or that you give us in any other way. You can choose not to provide certain information, but you may not be able to take advantage of our services and features. - Personally Identifiable Information: Personally Identifiable Information ("PII") is data about you or your business that is personally identifiable. Examples of personally identifiable information include name, address, email address, credit card number, health history or other health information prepared and stored by our physicians, or any other information that is not otherwise publicly available. We use PII that has been provided to us for business purposes such as to contact you, for billing, or to otherwise render our services. We retain that information until removal is requested. Anyone who has provided personally identifiable data to OMNIAMD may elect to have their data deleted from our files, or to be used only for the service requested, by following the instructions listed under Personally Identifiable Opt-Out later in this policy. We do not collect PII as a function of our services. - Non-Personally Identifiable Information: Non-Personally Identifiable Information ("NPII") data is collected by OMNIAMD and our partners and is used for retargeting. We, and/or one or more of our partners may collect NPII from people who visit our App or people who visit our partners' website or mobile applications. This data is anonymous, and can include information such as web pages you've viewed, date and time of page views, domain type, location information associated with your IP address, and your interactions to an ad delivered by us or our ad technology partners. OMNIAMD and our partners use different methods to collect this type of data, including tokens and macros, and it is stored indefinitely.
(b) Automatic Information:
When you use the App, you disclose certain information, such as your IP address, your location and the time of your visit. This App, like many other mobile applications, records this basic information about visits to our App.
(c) "Tokens" or "Macros":
Our App uses Tokens, also called macros, to provide our services for you. Tokens are a dynamically generated variable provided by a paid traffic network. These Tokens are used to track specific information on an advertising campaign. They enable us to identify you when you move between different devices, so that we can serve targeted advertising to you. (d) Physical Location: We may collect your physical location by using satellite or internet signals.
Our privacy practices conducted through our App are in strict compliance with the Health Insurance Portability and Accountability Act (HIPPA). We will maintain the privacy of your health information and healthcare history as required by HIPPA and the regulations Promulgated under that Act. We currently use industry standard AES cipher with 128-bit keys to encrypt audio and video, and HMAC-SHA1 to verify data integrity.
The information we collect is used for administering our business activities. No PII is sold, gathered or used for any other purpose. We may additionally use the information to notify you about changes or improvements to our App, new services, or special offers.
NPII may be used for analytics software, so we may track visitors to provide a better service and better market our business.
To protect your PII, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your financial, health or any other personal information, the information is encrypted using industry standard protections, including 128 bit encryption.
If you choose to make a purchase, the third party company Stripe stores your data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored and secured on their site. You can choose to change or delete your credit card information at any time.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
When you click on links on our App, they may direct you away from our App. We are not responsible for the privacy practices of other websites or mobile applications and encourage you to read their individual privacy policies. If you visit a third-party website or mobile application link from our App, you do so at your own risk.
Information about our clients and users are important to us. Outside of our payment processors we will not disclose any PII to any other third party without first receiving your permission.
We may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect our rights or property or our customers, including the enforcement of our agreements or policies governing your use of the services; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of our employees, customers or the public. We may also disclose PII as part of a corporate transaction such as a merger or sale of assets.
OMNIAMD does not allow individuals under the age of 18 to create an account. If you are under the age of 18, do not submit any information to our App or create an account as we will take steps to delete that information as soon as possible. Parents and/or guardians may use the healthcare services for children age 18 and under. However, the parent and/or guardian must be the party engaged in the services with the Provider, and must be the account holder. Providers shall document that the services were requested on behalf of child age 18 or under.
You can request access to all your personally identifiable information by sending an e-mail to email@example.com.
(a) Personally Identifiable Information: If a client elects to provide OMNIAMD with personally identifiable data, he or she has the right to tell us to have such data deleted in its entirety at any time. Please note that if you choose to delete your information completely you will no longer be able to fully utilize the service we provide to you. You may email us at firstname.lastname@example.org to remove your contact information from our database provided we have completed all your pending transactions. Please note that information is never completely removed from our history and disaster recovery archives. In addition, once PII has been provided to a third party, we cannot force that third party to delete the PII they have been provided.
These Terms may change from time to time. We will notify you of any material changes to these Terms by posting a notice on the homepage of the App for a reasonable period of time after such changes are made that these Terms have been updated, and by changing the "Last Updated" date at the top of this webpage. We encourage you to check this page periodically for any changes. Your continued use of the App following the posting of changes to these terms will mean you accept those changes.
In addition, when using particular services or features, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms.
All of the Providers who deliver services through OmniaMD are independent contractors solely responsible for the services each provides to you. OmniaMD does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither OmniaMD nor any third parties who promote the services or provide you with a link to the App shall be liable for any professional advice you obtain from a Provider via the services.
I. Telemedicine is the delivery of health care services using interactive audio and video technology, where the patient and the health care professional are not in the same physical location. During your telemedicine consultation with a Provider, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your Provider may perform a physical examination or provide prescriptions through these technologies.
II. The telemedicine services you receive from Providers are not intended to replace a primary care physician relationship or be your permanent medical home. The Providers may or may not be available at any given time, therefore the App is intended only to supplement your normal healthcare services. You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. You will have direct access to doctors via the App to follow up on medication reactions, side effects or other adverse events. Among the benefits of our services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of telemedicine. These risks include, but may not be limited to: • In rare cases, information transmitted may not be sufficient (i.e. - poor resolution of images or poor connection) to allow for appropriate health care decision making by the Provider; • In rare cases, a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors; • Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information
All physicians and providers on the App hold professional licenses issued by the professional licensing boards (i.e. – Medical Board) in California, hold doctoral degrees in medicine and have undergone post-doctoral training. You can report a complaint relating to services provided by a Provider by contacting the applicable professional board in California. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board that licenses, registers, or certifies the licensee. Any Practitioner notes and/or prescriptions created as a result of your use of the App will be securely maintained by OmniaMD on behalf of your Provider for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, and which is typically at least six years.
Unless otherwise noted all materials, including images, illustrations, designs, coding, software, icons, photographs, sounds, video clips, written, and other materials that appear as part of this App are copyrights, patents, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by OMNIAMD. The App as a whole is protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by OMNIAMD.
The material and content accessible from this App, and any other website or mobile application owned, operated, licensed, or otherwise controlled by OMNIAMD is the proprietary information of OMNIAMD or the party that provided or licensed the content to OMNIAMD, whereby such providing party retains all rights, title and interest in the content. Accordingly, the content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of OMNIAMD. Modification or use of the content except as expressly provided in these Terms violates OMNIAMD's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this App.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools, "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the App is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the App (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
All fees will be charged to your credit card or bank account immediately upon the initiation of a video connection with a Practitioner. If the Practitioner does not answer, a full refund for the call will be applied to your credit card or bank account. Additionally, in the unlikely event the connection is dropped or lost during the providing of telemedicine services, if the Provider believes, in their sole discretion, that services have not been provided, a full refund will be applied to your credit card or bank account.
When you register on the App, you are required to create an account ("Account") by entering your name, email address, password, pharmacy information and certain other information collected by OmniaMD (collectively "Account Information"). To create an Account, you must be at least eighteen (18) years of age. You agree that the Account Information that you provide to us at all times, including during registration and any other information you upload to your Account and the App will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account. You shall be solely responsible for any and all uses on the App under your Account and for maintaining confidentiality of your username and password. OmniaMD reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the App and your Account Information. In no event and under no circumstances shall OmniaMD be held liable to you for any liabilities or damages resulting from or arising out of your use of the App, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else's account at any time.
You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect immediately upon the charge being due. By providing us with your credit card number and associated payment information, you agree that OmniaMD is authorized to immediately charge your card, prior to any video call with a Practitioner.
You agree to provide current, complete and accurate purchase and account information for all services rendered. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. NO HEALTH PLAN OR HEALTH INSURANCE WILL COVER THE SERVICES PROVIDED THROUGH THE APP. We reserve the right to update our pricing structure at any time prior to billing you for any rendering of the services. We will notify you of any such changes.
You may deactivate or remove your Account at any time for any reason by contacting us at email@example.com. OmniaMD may choose to suspend or terminate your use of the App and/or your Account for any reason at any time. Subject to applicable law, OmniaMD reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the App pursuant to its internal record retention and/or content destruction policies. After such termination, OmniaMD will have no further obligation to provide any services, except to the extent we are obligated to provide you access to your health records (if applicable) or Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
Parents and/or guardians may use the healthcare services for children age 18 and under. However, the parent and/or guardian must be the party engaged in the services with the Provider, and must be the account holder. Providers shall document that the services were requested on behalf of child age 18 or under.
In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate the agreement.
Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include, but are not limited to, strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the App, or the unavailability of certain Providers.
You agree to indemnify, defend and hold harmless OMNIAMD and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim, actions, demands, liabilities and settlements, including but not limited to, reasonable attorneys' fees costs, and accounting fees, , made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. Additionally, you agree to indemnify, defend and hold harmless your Provider from and against any claims brought by a third party resulting from your lack of adherence to the advice or recommendations of the Provider.
You expressly agree that use of the App or services is at your sole risk. Both the App and services are provided on an "as is" and "as available" basis. OmniaMD expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration. You acknowledge and agree that OmniaMD does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third party Providers, including physicians and other Providers in our OmniaMD network. You acknowledge and agree that the Providers using the App are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Providers, in their sole discretion, as they deem appropriate.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL OMNIAMD OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Any controversy or claim arising out of, or relating to, this contract or the breach thereof, shall be settled by arbitration, in accordance with the laws of the State of California, then obtaining, of the American Arbitration Association, and judgment upon the award rendered may be entered in any Orange County Court. Any award concurred in by a majority of the arbitrators or rendered by the sole arbitrator (as the case may be) shall be binding and conclusive on the parties; and a judgment thereon may be entered in the highest court of the forum having jurisdiction thereof.
Although this App may be accessible worldwide, we make no representation that materials on this App or the services provided through this App are appropriate or available for use in locations outside the state of California.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
We reserve the right to modify the Terms at our sole discretion, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the App. If we make material changes to this policy, we will notify you here that it has been updated. Continued use of the App or its services following such changes shall constitute your acceptance of such changes and agreement to be bound by the revised Terms.
The waiver by OmniaMD of any breach or default shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of OmniaMD to enforce or exercise any of the provisions hereof shall not be construed to be a waiver of the right of OmniaMD thereafter to enforce such provisions.
These Terms and any policies or operating rules posted by us on this App or in respect to the App constitutes the entire agreement and understanding between you and us and govern your use of the App, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
These Terms and any separate agreements whereby we provide you services shall be governed by the laws of the State of California. The parties agree exclusive jurisdiction shall be in Orange County, California for any and all issues arising out of the Terms or any related documents or transactions.